RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03878

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her separation code of JDA (fraudulent entry) be changed to reflect J11 (USAF other) or JBB (other).  

APPLICANT CONTENDS THAT:  

She did not falsify her entry paperwork.  She was asked by the recruiter’s office if she had any injuries, which she listed everything from broken bones to allergies to pulled muscles.  During her physical at the Military Entrance Processing Station (MEPS) she completed paperwork which asked if she had any chronic neck or shoulder injuries.  She explained her pulled shoulder muscle; however, she was told that it was not a chronic issue.  

She has an X-ray and magnetic resonance imaging (MRI) results showing no injuries to her left shoulder before or after basic military training (BMT).  She would like her separation code changed so that she can reenlist into the United States Air Force Reserve (USAFR).  

The applicant’s complete submission, with attachments, is at Exhibit A.  

STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted in the Air Force Reserve on 11 March 2014.  

On 14 April 2014, a Standard Form 600, Chronological Record of Medical Care, was initiated to process an administrative separation in lieu of a Medical Evaluation Board (MEB), due to the applicant’s diagnosis of prior chronic shoulder pain, a condition which disqualified her enlistment.  

On 30 April 2014, the applicant requested an enlistment waiver for a known disqualifying condition.  

On 5 May 2014, the applicant’s waiver requested was denied.  
On 12 May 2014, in a statement, the applicant indicated that she asked MEPS if she needed to disclose that she injured her shoulder while falling off a horse three years ago.  She was told that she did not need to include that on the MEPS paperwork.  

On 27 May 2014, the applicant’s commander notified her that he was recommending her discharge from the Air Force for fraudulent entry.  Specifically, she intentionally concealed a prior service medical condition.  The Air Force discovered her history of chronic shoulder pain that was not documented on the DD Form 2807-1, Report of Medical History.  Had the Air Force known, it could have rendered her ineligible to enlist.  

On 4 June 2014, the applicant acknowledged receipt of the action, consulted with legal counsel, and submitted statements in her own behalf.  

On 13 June 2014, the case was found legally sufficient.  

On 23 June 2014, the discharge authority directed the applicant be furnished an Entry-Level separation.  

On 25 June 2014, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Discharge Fraudulent Entry Into Military Service, Medical,” and was issued a Reentry (RE) Code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) and separation code of JDA (fraudulent entry).  

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibits C and D.  

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denial.  Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  

The applicant’s character of service is correct on her DD Form 214.  Airman are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, her uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.  
The commander received a medical report that indicated the applicant had a history of chronic left shoulder pain that started prior to enlistment after a fall from a horse that lasted for approximately three years.  The report further stated that the applicant’s civilian medical records showed several encounters including physical therapy which offered no benefit.  The report concluded that the applicant’s MEPS physical was reviewed and the history was not disclosed to MEPS.  Based on the information provided to the commander by competent medical authorities, discharge action for fraudulent entry was initiated.  Therefore, the SPD code and narrative reason for separation are correct as indicated on the applicant’s DD Form 214.  

A complete copy of the AFPC/DP2STM-SEP evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends denial.  There is a noted medical report which was viewed by the applicant’s Commander documenting a history of left shoulder pain prior to enlistment in a memorandum to the Air Force Board of Correction of Military Records (AFBCMR) dated 31 March 2016.  While the actual medical report regarding the left shoulder was unavailable for his review, there is reference to several follow up encounters for treatment which included a course of physical therapy.  Based upon these accounts of significant past medical history and the non-disclosure on the DD Form 2807-1, of “ever” having experienced shoulder pain or injury notes a discrepancy in reporting, which is sufficient justification of the Commander’s action and identifies no error or injustice.  There is also a noted past medical history of Classic Migraine (With Aura) and the prescribed treatment (Zolmitriptan spray) for this neurological condition.  The prescription medication for this condition is designated “active” on 3 October 2013 and no disclosure of this health condition could be identified on the applicant’s pre-enlistment DD Form 2807-1 dated 11 December 2013. A history of migraine headaches is considered a disqualifying medical condition based on severity and associated signs and symptoms.  The Department of Defense Instruction (DoDI) 1332.03 contains a list of disqualifying neurological conditions, including but not limited to, a history of headaches (784.0), migraines (346), and tension headaches (307.81) that: (1) Are severe enough to disrupt normal activities (such as loss of time from school or work) or more than twice per year in the past two years.  (2) Require prescription medications more than twice per year within the last 2 years.  Migraine (346) or migraine variant (346.2) associated with neurological deficits other than scotoma. 

An x-ray report, included in medical documentation for review, dated 23 June 2010 documents a past medical history of a left knee disorder described as “left knee is giving out on patient for five months, no trauma.”  Results of the x-ray are annotated as normal. Likewise, no disclosure of this abnormality could be located in the pre-enlistment medical questionnaire (item.12j) on the DD Form 2807-1, dated 11 December 2013.

Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, states airmen are in entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.  The AFI further states, “Errors in the enlistment process occur when the Air Force does not have the true facts or does not take the right action.  An airman is subject to discharge from an erroneous enlistment, reenlistment, or an extension of an enlistment.”  

In view of the supportive documentation, the Commander’s recommendation for an Entry Level Separation (ELS) based upon undisclosed medical documentation, and the discovery of a second undisclosed potentially disqualifying medical condition, no error or injustice has been unduly imposed on the applicant. 

A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She did not intentionally falsify her Air Force enlistment paperwork.  She only followed the instructions of the recruiter and MEPS personnel.  She was told to provide information on injuries that were currently painful or required surgery.  The referenced injuries are all sports related that are not painful or required surgery.  

In regards to her referenced 2010 knee popping sound, as with any individual, from time to time kneeling and standing causes popping noises.  It never hurt nor restricted her mobility.  She did not want this to hinder her participation in horse riding activities so she was evaluated by doctors.  She was released without restrictions and never had any idea that by going to the doctor would later be detrimental to her adulthood career choice.  

In 2011, she fell off a horse and landed on her left side.  Between 2011 and 2013, she attended physical therapy.  There was no indication of an injury or pain following physical therapy.  At the beginning of August 2013 she had pain in her arms due to strenuous physical activity.  She indicated the possible cause of her left shoulder pain and was evaluated.  She was given over the counter Motrin and sent on her way.  

In regards to the issue of having a headache, a doctor referred to it as a dehydration headache.  In 2013, upon her arrival in Arizona, she started experiencing mild headaches.  She was prescribed medication and advised to start drinking more water.  After drinking 2-3 bottles of water a day for a few days, the headache went away and never returned.  

Her integrity has been put into question.  Her path to government/military service has been closed even though she finished basic training with no issues.  

A complete copy of the Applicant’s response is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission, to include her rebuttal response, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility (OPR) and the BCMR Medical Consultant and adopt their rational as the basis for our conclusion the applicant has not been the victim of an error or injustice.  The facts and opinions stated in the advisory opinions appear to be based on the evidence of record and have not been adequately rebutted by the applicant.  The Board took note of the applicant’s contention that she did not knowingly or intentionally falsify her entry paperwork and she only followed the instructions of the recruiter and MEPS personnel.   However, the evidence available to us reflects the separation was properly executed and we find no basis to warrant disturbing the record.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-03878 in Executive Session on 9 August 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03878 was considered:

	Exhibit A.  DD Form 149, dated 1 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 31 March 2016.  
	Exhibit D.  Memorandum, AFBCMR Medical Consultant, dated 
                 6 April 2016.  
	Exhibit E.  Letter, AFBCMR, dated 1 June 2016.  
	Exhibit F.  Letter, Applicant, dated 29 March 2016 (Received 
                 12 July 2016).